BALESHWAR SINGH Vs. K.P. SINGH

JUDGEMENT

(1.) This is a revision under section 25 of the Provincial Small Causes Courts Act, 1887 (hereinafter referred to as the Act) against the judgment, order and decree dated 16.9.2008 passed by the Additional District Judge exercising powers of the Small Causes Court in SCC Suit No. 42 of 2003, K.P. Singh v. Baleshwar Singh. The owner and the landlord of the premises No. 7/77-B, Raj Villa, Tilak Nagar, Kanpur now represented by his heirs and legal representatives instituted the above suit against the ten-ant/defendant-revisionist for his eviction from it after terminating his tenancy vide notice dated 1.7.2003 under section 106 of the Transfer of Property Act. The suit has been decreed by the Court below holding that the tenancy has been validly terminated; there is no defect in the notice or its service and that the provisions of U.P. Act No. 13 of 1972 (hereinafter referred to as the Rent Act) are not applicable to the premises in dispute.

(2.) Sri B.P. Singh, Senior Advocate assisted by Sri A.N. Sinha and Sri Prateek Sinha, Counsel for the defendant-revisionist contends that the Court below has manifestly erred in law in excluding the premises in dispute from the purview of the Rent Act. In case the said Act is made applicable, the defendant-revisionist would not be liable for eviction and his tenancy would be saved under section 20(4) of the Rent Act.

(3.) Sri A.D. Saunders, learned Counsel appearing the respondents submits that at the time of institution of the suit the rent of the premises was more than Rs. 2000/- per month. Therefore, in view of section 2(1)(g) of the Rent Act it was not governed by the said Act and the Court below has not fell in error in decreeing the suit.